HomeMy WebLinkAboutPC2020-015 - RECOMMENDING CITY COUNCIL ADOPTION OF ZONING CODE AMENDMENT NO. CA2019-007 TO AMEND SECTION 20.42.140(NONCONFORMING SIGNS) OF TITLE 20 (PLANNING AND ZONING) OF TRESOLUTION NO. PC2020-015
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NEWPORT BEACH, CALIFORNIA
RECOMMENDING CITY COUNCIL ADOPTION OF ZONING
CODE AMENDMENT NO. CA2019-007 TO AMEND
SECTION 20.42.140 (NONCONFORMING SIGNS) OF
TITLE 20 (PLANNING AND ZONING) OF THE NEWPORT
BEACH MUNICIPAL CODE (PA2019-184)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS
AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. In October 2005, the City of Newport Beach (“City”) comprehensively updated its
sign regulations. Sign standards changed and certain previously allowed signs
were prohibited. Newport Beach Municipal Code (“NBMC”) Sections 20.42.140
(Nonconforming Signs) and 21.30.065 (Signs) require certain signs that do not
conform to the new regulations to be abated within 15 years (“Amortization Period”)
from the effective date of the sign code update.
2. The Amortization Period is set to expire on October 27, 2020, at which time all
nonconforming signs must be removed. On October 22, 2019, the City Council of
the City of Newport Beach adopted Resolution 2019-92 initiating an amendment
to Title 20 (Planning and Zoning) (“Title 20”) related to signs including extending
the Amortization Period (“Zoning Code Amendment”).
3. On March 15, 2020, the City proclaimed a local emergency due to the COVID-19
global pandemic. Due to the extreme peril upon personal safety that is based on
the existence or threatened existence of COVID-19 within and/or around the City,
many businesses have been forced to reduce services or temporarily close.
4. A public hearing was held on May 7, 2020, in the Council Chambers located at 100
Civic Center Drive, Newport Beach, California. A notice of time, place, and purpose
of the public hearing was given in accordance with Government Code Section
54950 et seq. (“Ralph M. Brown Act”) and NBMC Chapter 20.62 (Public Hearings).
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Zoning Code amendment is categorically exempt from the California
Environmental Quality Act (“CEQA”) pursuant to Section 15305 under Class 5
(Minor Alterations in Land Use Limitations) of the CEQA Guidelines, California
Code of Regulations, Title 14, Division 6, Chapter 3, because elimination of the
Planning Commission Resolution No. PC2020-015
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Amortization Period has no potential to have a significant effect on the
environment.
2. The Class 5 exemption applies to minor changes in land use limitations, provided
the Property has an average slope that does not exceed 20 percent and the changes
does not result in change to the permitted land use or density. The Amortization
Period is considered a limitation on a land use. This Zoning Code amendment will
provide for a minor change by eliminating the Amortization Period. No new signs are
authorized and there is no alteration to the conforming status to any sign.
3. The exceptions to this categorical exemption under Section 15300.2 of the CEQA
Guidelines are not applicable. The elimination of the Amortization Period does not
impact an environmental resource of hazardous or critical concern, does not result
in cumulative impacts, does not have a significant effect on the environment due
to unusual circumstances, does not damage scenic resources within a state scenic
highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
1. This Zoning Code amendment is consistent with the following Land Use and
Natural Resources policies of the City of Newport Beach General Plan (“General
Plan”). This Zoning Code amendment will eliminate an existing Amortization Period
on nonconforming signs. General Plan Policy No. LU 1.5 (Economic Health),
states, “Encourage a local economy that provides adequate commercial, office,
industrial, and marine-oriented opportunities that provide employment and
revenue to support high-quality community services.” Due to the COVID-19
pandemic, many businesses in the City are facing an economic hardship as a
result of being required to reduce services or close temporarily. By eliminating the
requirement for nonconforming signs to be removed, the Zoning Code amendment
is consistent with this General Plan policy, as it will reduce the financial burden on
businesses during the COVID-19 crisis and assist in the recovery of the local
economy.
General Plan Policy No. NR21.2 (Illegal Signs and Legal Nonconforming Signs)
states the policy goal of, “Implement[ing] programs to remove illegal signs and
amortize legal nonconforming signs.” Nevertheless, as part of the Vision Statement
of the General Plan, in order to provide a responsive government, “Elected officials
and City staff listen and respond to the interests of residents and the business
community.” The overwhelming testimony provided by the business community
during the public hearing has shown that these signs are a critical component to
achieving and maintaining economic vitality. Eliminating the amortization period
will meet the needs of the businesses and community by providing a consistent
means to communicate which businesses are operating at specific sites to the
community. Furthermore, the natural attrition of nonconforming signs will ultimately
achieve the goal of General Plan Policy No. NR21.2.
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However, staff is recommending an amendment to the General Plan in order to
ensure full conformity with the General Plan.
2. The Zoning Code amendment to eliminate the Amortization Period for removal of
nonconforming signs is consistent with Title 20 (Planning and Zoning) of the
NBMC. The types of signs that are subject to removal (roof signs, pole signs,
internally illuminated signs with translucent faces, and oversized signs) will
continue to be prohibited by the code. All nonconforming signs that are proposed
to be altered will continued to be reviewed to ensure the changes are compliant
with the requirements set forth in Title 20.
3. An amendment to Title 21 (Local Coastal Program Implementation Plan) of the
NBMC is also underway. For properties within the Coastal Zone, this Zoning Code
amendment shall not become valid until approval of the Local Coastal Program
amendment by the California Coastal Commission (“CCC”), including adoption of
an ordinance by the City Council that incorporated any changes required by the
CCC.
4. The recitals provided in this resolution are true and correct and are incorporated
into the operative part of this resolution.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. This Zoning Code amendment is categorically exempt from the California
Environmental Quality Act (“CEQA”) pursuant to Section 15305 under Class 5
(Minor Alterations in Land Use Limitations) of the CEQA Guidelines, California
Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to
have a significant effect on the environment.
2. The Planning Commission of the City of Newport Beach hereby recommends the
City Council approve Zoning Code Amendment No. CA2019-007, thereby deleting
and replacing in its entirety Section 20.42.140 (Nonconforming Signs.) of the
Newport Beach Municipal Code to read as follows:
20.42.140 Nonconforming Signs.
A. Removal of Nonconforming Signs. Nonconforming signs shall be removed
if:
1. The nonconforming sign is more than fifty (50) percent destroyed,
and the destruction is other than facial copy replacement. A nonconforming
sign shall be deemed to be more than fifty (50) percent destroyed if the
estimated cost of reconstruction exceeds fifty (50) percent of the replacement
cost as determined by the Building Official;
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2. The nonconforming sign is remodeled, unless the sign is remodeled
to comply with the provisions of this chapter;
3. The nonconforming sign is located on a building that is enlarged or
expanded, if the nonconforming sign is affected by the construction,
enlargement, remodel, or expansion. An enlargement, remodel, or expansion
of the portion of the building upon which the nonconforming sign is located or
that is more than fifty (50) percent of the building area shall be deemed to
affect the nonconforming sign; or
4. The nonconforming sign is temporary.
B. Deactivation of Flashing Features. The owner of a sign that contains
flashing features shall permanently deactivate the flashing features.
C. Continuance of Nonconforming Signs. Except as provided in subsection (A)
of this section, a nonconforming sign may be continued and shall be maintained in
good condition as required by these regulations, but it shall not be:
1. Structurally changed to another nonconforming sign, although its
copy and pictorial content may be changed.
2. Structurally altered to prolong the life of the sign, except to meet
safety requirements.
3. Expanded or altered in any manner that increases the degree of
nonconformity.
D. Repairing and Repainting. Nonconforming signs shall only be painted and
repaired in place and shall not be removed from their existing location, except for
building remodeling, unless removal of the sign for painting or repair is part of the
sign’s customary maintenance and repair.
E. Change of Business Ownership. Upon a change of ownership, the new
owner of a nonconforming sign may change the name or names on the sign so
long as there is no change in the structure or configuration of the sign.
Planning Commission Resolution No. PC2020-015
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PASSED, APPROVED, AND ADOPTED THIS 7th DAY OF MAY 2020.
AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, and Weigand
NOES:
ABSTAIN:
ABSENT: Rosene